E-BAY's "MPTOBIS" - any experience with this seller?

Originally Posted by Flimsychicken

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Obviously a lot less. Probably in the neighborhood of 1/4 to 1/5th (that is, your $400 shoes might be worth 80 to 100 bucks). I understand that your position in this matter is tough. But, there are measures that buyers on eBay must take on order to protect themselves. First, check everything you buy. Second, always document your returns (this includes photographs). Third, communicate fully with the seller before you return an item, including letting the seller know that you did in fact wear the shoes that rendered them no longer "new." At that point, you could have negotiated with the seller before returning them. At this point, you've lost most of your negotiating power. I doubt you will succeed with Paypal/eBay, considering you've already returned them. Small claims would likely work (breach of express warranty), but the cost of a small claims filing would not make it worth it.
Ok. Then by your math, the shoes were originally only worth say $100. I knocked $50 off their value by wearing them (per your earlier estimate.) If that's true, he would owe me back $370 total, best case scenario. To be honest, I could see how that's fair. I really could. And if he offered, I'd probably take it. Right now, mptobis gets my $225 plus the theoretical $50 he can resell the shoes for. Maybe I'm from the old school, the customer is always right mindset and when the seller messes up, I shoudl be out money, but whatever, I think there's a difference in him being a hardass (giving me $370 back) and being a thief (giving me 48% of what I paid back). I'm curious as to why you think the paypal route would be less successful after I've returned the shoes? I'm not familiar with the process, so I really don't know. In terms of the small claims aff., you can shift fees and costs in small claims in Oklahoma. Not to mention, if he doesn't get a lawyer and/or come up from Houston to put on some evidence I can get the default pretty easily. It'll just waste my morning. And honestly, I kind of got a little bit of an attitude like he's used to getting his own way and ******* with people, and poking a stick in someone like that's eye is literally the only fun part about being a lawyer. By the way, it's nice to actually talk to a mature, reasonable adult on here.

Originally Posted by sho'nuff

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you want a bnwt size 44 polo tuxedo?? lol

I know you're just kind of joking around or whatever, but you really strike me as a lot like this mptobis guy. I know your both sellers and I think it comes from that. It's kind of a "how dare you point out that I gave you the wrong ****" attitude. I know you probably deal with a lot of creeps and shady people selling clothes here and on eBay, but man, I think this is a case where I'm 100% right.

Originally Posted by MikeO

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Ok. Then by your math, the shoes were originally only worth say $100. I knocked $50 off their value by wearing them (per your earlier estimate.) If that's true, he would owe me back $370 total, best case scenario. To be honest, I could see how that's fair. Right now, mptobis gets my $225 plus the theoretical $50 he can resell the shoes for.

I'm curious as to why you think the paypal route would be less successful after I've returned the shoes? I'm not familiar with the process, so I really don't know.

In terms of the small claims aff., you can shift fees and costs in small claims in Oklahoma. Not to mention, if he doesn't get a lawyer and/or come up from Houston to put on some evidence I can get the default pretty easily. It'll just waste my morning. And honestly, I kind of got a little bit of an attitude like he's used to getting his own way and ******* with people, and poking a stick in someone like that's eye is literally the only fun part about being a lawyer.

By the way, it's nice to actually talk to a mature, reasonable adult on here.

I agree that you should have received larger refund. I think you eating ~$50 would probably have been just about right. But now, I think your bargaining position right now is a tough position, and you may have little luck getting anything more than you already have.

As I understand the eBay returns process, they don't get involved when you've already returned the item and never filed a claim via Paypal/eBay. I may be wrong on this point, but all of their claims process instructions presuppose the buyer retaining possession of the disputed goods until the claim is resolved.

If we expect the OP to check the size on the shoes, why don't we have the same expectation from the seller (i.e., when seller bought it and when seller shipped it).

Mismatched shoes are worth about $0, maybe slightly less when you factor in the time it takes to find a buyer.

Originally Posted by Flimsychicken

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I agree that you should have received larger refund. I think you eating ~$50 would probably have been just about right. But now, I think your bargaining position right now is a tough position, and you may have little luck getting anything more than you already have.

As I understand the eBay returns process, they don't get involved when you've already returned the item and never filed a claim via Paypal/eBay. I may be wrong on this point, but all of their claims process instructions presuppose the buyer retaining possession of the disputed goods until the claim is resolved.

+1

I would agree that the seller should have checked the item before sending it. And if he had fully returned the money +/- $50 as flimsy mentioned, he probably would have gotten a return costumer which would've made up for the money in time.

And about checking both shoes, I went to the store the other day, tried on one foot, it fit and I brought it home.

Thank you. Some non-crazy people...

I guess my whole point has been any diminution in value that I caused should have been calculated from the original value of the mis-matched shoes (Based on the opinions in this thread, anywhere from $100 to $0). Not from the original $420.

Originally Posted by taxgenius69

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If we expect the OP to check the size on the shoes, why don't we have the same expectation from the seller (i.e., when seller bought it and when seller shipped it).

BINGO! I've been waiting for someone to bring this up. Exactly why the OP is getting screwed here.

I disagree with what everyone has said here. A)Sending the item back was not a mistake B)The seller is liable as he did not provide what he had been contractually obligated to provide. The contract stipulated that for the valuable consideration of $470, that he would provide a pair of size 9 shoes to the buyer. He failed to do so, materially breached the K, and now the buyer has a series of remedies available to him at K law, but in the instant case let's just say that he has Ebay buyer protection available to him: http://pages.ebay.com/coverage/index.html "Do I need to send the item back to the seller? If you've opened an item not as described case for a purchase covered by eBay Buyer Protection, then you must typically send the item back to the seller before getting a refund." Sending the shoes back was not a fatal mistake. In fact, Ebay suggests that the buyer should do so to receive a refund. Buyer: Your next move here should be to file a claim with paypal immediately. In MULTIPLE disputes (Well, around 3), I have NEVER lost as the buyer. While Paypal makes its money off of transactions fees, they need buyers to feel confident that the system is secure and that protection is inherent. I recently won a dispute because of COLOR. We had a dispute on what the shade of brown should have been, there were photos, I believed they were misleading, I contacted the seller prior to purchase, he confirmed that it was the color listed in the ad (Which was not the color in the photos), I received the jacket and it matched the photo. He attempted to say that he would not refund my money as his ad stated all sales were final and that the jacket had been properly represented in the photos. Long story short, Paypal agreed with me. Im not sure why you spent all this time whining in this thread rather than filing a claim with Paypal immediately.

^paypal will agree with any buyer if they claim anything. so it's not an accomplishment on your part

as mentioned before I'm a fan of the seller. but even so, getting mismatched shoes is the very definition of "significantly not as described". you should get your money back, and I think your cc company would agree

Originally Posted by sho'nuff

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^paypal will agree with any buyer if they claim anything. so it's not an accomplishment on your part

As a frequent eBay seller & buyer, this is Great news to hear. There are way more shady sellers on eBay than there are shady buyers IME.

Punishment should be meted out in addition to the forcible refund.

Originally Posted by MikeO

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I guess I must just be "pretty dumb"...


Dear MikeO:

I don't know about "pretty" or "dumb," but you may be the worst attorney I have ever come across. Surely, as an attorney, you understand that your writings and admissions here are admissible with regard to the matters at hand.

In a clear attempt to intimidate my client, you threatened, via e-mail, to disparage him on this, and other, online forums. Thank you for the link. I could never have gathered so much evidence without it. Since it apparently was not taught in your law school, "libel" is defined as "a written statement that maliciously damages a person's reputation."

I am also in receipt of the "claim" you sent to my client wherein you threaten that, if you lose the dispute with Paypal you will sue him, and that "At a minimum [he] will have to retain a lawyer in Tulsa County (Young guys around here charge $150-ish an hour) or get a default judgment against [him]." And that you will "spend more money making [his] life miserable than [you are] out now. "That's just the kind of person that I am." I appreciate the clever statement in your e-mail that you are not "trying to scare" him. Don't worry, he's not scared. I am also in receipt of a copy of a small claims complaint, no doubt intended to intimidate my client further.

Surely as an attorney you must know that threatening a party with the exorbitant cost of litigation in an effort to coerce settlement on favorable terms is intimidation and extortion. The Oklahoma State Bar confirms that such threats are also ethical violations. I am certain that this is not the type of behavior your firm expects of a junior associate who has been licensed for almost two whole years. I note that you have spent most of this work day posting to this forum from your office. Yes, I called your office and the receptionist confirms you are there. If I were your managing partner, I would have questions about your billable time today, your value to the firm, and about whether you used office equipment to effect your mis-conduct. I would also have serious concerns about the level of legal intellect that has informed your actions.

As a seller of integrity, my client takes his reputation very seriously. The terms of sale clearly required that: (1) all returns be made within 14 days of the purchase date; (2) the product be in original unworn condition; and (3) the product be accompanied by a product return form. Despite your failure to meet any of these simple requirements, the seller still attempted to accommodate you. You met his generous offers with childish rants, illegal threats and public harassment. It appears you must believe that two years of practice has conferred upon you the almost god-like status of attorney, that the rules don't apply to you, and that you can intimidate others with your status. This is exactly the type of conduct that has caused the general public to be disdainful of lawyers.

No doubt you will benefit from the lessons taught here today and will be a better lawyer as a result.

Enjoy your weekend.

Sincerely,
The Final Word

FWIW - The same thing happened to me when I bought a pair of EGs at Saks. I also wore them for a day before realizing that one of the shoes was a 1/2 size small.

They "found" me the second shoe in the correct size - though the inside labels were different and the color of the leather was imperceptibly different.

Anyway they made the exchange - no issues and gave me $100 store credit to boot.

This threak delivers! And for what it's worth, I've purchased thousands of dollars worth of stuff from the seller in question and he has always been most reasonable and reliable.